Terms & Conditions

Terms & Conditions

GENERAL TERMS AND
CONDITIONSll

This is an Agreement
between the Subscriber (jointly and/or severally when two or more apply for the
Services collectively “Subscriber”) and ArmIt Co. (“Company”) for the provision
of wireless digital and radio telecommunications services and transmissions,
including but not limited to voice, informational text and data, internet
access and other features and services available through Company’s system and
any other telecommunications Carrier (“Services”).

SERVICES AVAILABILITY

Services are
available to the Subscriber’s wireless receiving “Unit” (any device, including
Equipment, Subscriber uses to receive or utilize the Services) or Equipment
only when it is within the operating range of the Company’s telecommunications
system. Services are not available at all times in all places. Services are
subject to transmission limitations caused by conditions including but not
limited to atmospheric, software limitations in and incompatibilities with
Company’s system and the software in Subscriber’s Unit, environmental,
buildings, wireless blockages, tower locations, or topographical conditions.
Services may be temporarily refused, limited, interrupted, or curtailed without
notice, due to unavailability of frequency channels, Unit problems, problems
with Company’s equipment used in the provision of the Services, governmental
regulations or orders, system capacity limitation, coordination and connection
with other service and telecommunications providers’ systems and Carriers, or
modifications, upgrades, relocations, repairs and maintenance, acts of God,
acts of terrorism, problems caused by Subscriber, our business policies,
practices and procedures, and similar activities necessary or appropriate for
the proper operation of the Services. There are gaps in coverage within the
Services area shown on Company’s coverage maps. Company may block access to
certain numbers or websites in its sole discretion and may refuse to transmit
any information prior to its delivery to Subscriber. Company may change
Subscriber’s Unit’s software or programming remotely and without notice, which
could affect data in the unit. Services are furnished for Subscriber’s own use
and not for resale. Subscriber consents to the disclosure of his name and
number when Subscriber uses the Services, e.g. Caller ID. Orders for
activating, changing, or termination of services and this Agreement will be
accepted by the Company as requested by Subscriber and will be effective when
accepted by Company. Subscriber has no proprietary or ownership or other types
of rights to or interest in the Services nor any telephone number, personal
identification number, e-mail address or other identifier (except as allowed by
applicable law) that Company assigns Subscriber, except as to the rights for
Subscriber to port the phone number as allowed by applicable law, and Company
shall have the right to change telephone number, e-mail address, personal
identification number or other identifier assignments from time to time by
giving prior notice to Subscriber. Each telephone number can only appear in one
Unit and for one IMEI. Company reserves the right to impose a portage fee as
permitted by applicable law. Company is not responsible for the installation,
operation and quality of transmission or reception or for the maintenance of
Subscriber’s Unit. Subscriber is responsible for ensuring that the Unit is
technically and operationally compatible with the Company’s system and is in
conformance with all applicable laws. Subscriber agrees not to use either the
Unit or the Services for any unlawful or abusive purpose or in such a way as to
create damage or risk to Company’s business, system, reputation, employees,
facilities, third parties, to the public generally or to interfere with the
Services. Subscriber accepts the Services with these limitations.

IMEI REGISTRATION

The International
Mobile Equipment Identity (IMEI) associated with the Unit or Equipment used by
Subscriber will be registered as part of this Agreement. In the event such Unit
or Equipment is traded or replaced, Company must be notified and the Unit or
Equipment modified as may be required in order to continue the provisions of
Services.

TERMS, CONDITIONS AND
RATES

(a) THE TERMS AND
CONDITIONS OF THE SERVICES PLAN SELECTED BY SUBSCRIBER ARE A PART OF THIS
AGREEMENT.

(b) The initial
minimum term of this Agreement and the selected Services Plan (“plan”) will
commence on the Activation Date (when Subscriber’s Unit first has access to the
Services) and continue until terminated in accordance with this Agreement.
Subscriber expressly agrees to maintain Services with Company for the minimum
term of the selected Plan. Subscriber agrees to pay the rates for the selected
Plan and all other charges for or resulting from the Services provided under
this Agreement. If Subscriber changes Services or selected Plan (e.g. by
accepting a promotion), Subscriber will be subject to any Company requirements
including a new minimum term. The first month’s Services charge under the
selected Plan, any Unit and one-time charges are payable upon Subscriber’s
execution of this Agreement.

EXCESSIVE USE OUTSIDE
HOME AREA

Customer acknowledges
that excessive roaming usage for talk, text and/or data outside the Company’s
Home Service Area as indicated by coverage maps may require cancellation of
service. If Customer’s usage outside the Home Service Area is excessive,
Company reserves the option to cancel Customer’s service.

PLAN TERM (LENGTH),
TERMINATION AND TERMINATION FEES

For contract plans,
Subscriber may terminate a Monthly Services Plan (i.e. plans that are month to
month) at any time by giving written notice to Company, which shall be
effective no later than the end of the monthly billing cycle in which such
notice is received. In the case of all other Services Plans, Subscriber agrees
to the minimum term applicable under the selected Plan. For plans other than
the Monthly Services Plans, Services will automatically continue and renew at
the end of the initial minimum term. Subscriber may change to any other Plan,
providing, however, that Subscriber shall remain obligated under the new Plan
for the original minimum term. Should this change be made during the original
Plan, Subscriber agrees if this change would have affected the cost of the Unit
received from the Company under the selected Plan, Subscriber will pay any
difference. Some plans include usage allotments that once depleted will
automatically renew for an additional charge; overage refills must be used in
billing period in which allowance is provided or they will be forfeited.
Subscriber may terminate this Agreement under any Plan other than the Monthly
Services Plans during the initial minimum term upon payment to Company of a
maximum of $99 as an EARLY TERMINATION FEE (as applicable for the selected
Plan) for each individual service terminated as provided in the selected Plan,
plus other changes authorized by this Agreement; Subscriber shall remain
obligated under the terms of this Agreement for all outstanding charges on any
terminated account, including cost of equipment. New first-time Subscriber may
cancel this Agreement without payment of the early termination fee upon written
notice received by Company within 14 days of the Activation Date and Subscriber
returns the Unit in like-new condition in the original packaging with all
accessories. A $25 restocking fee will apply. If the equipment is not returned,
Customer will be charged for that equipment at Company’s retail cost.
Subscriber remains responsible for payment of all usage fees and charges, taxes
and fees, and prorated access fees. For no minimum month-to-month term plans,
service is considered terminated if payment is not received by Company on the
first day of the new billing cycle.

Charges may vary
depending on where the wireless is when Service is initiated or received.
Roaming occurs whenever Subscriber initiates or receives Service using a
transmission site outside his home rate and coverage area, or using another
carrier’s transmission site; Unit may sometimes connect to and roam on another
carrier’s network even when Subscriber is within Company’s rate and coverage
area or local service area. Billing for Services used while off the Company’s
network may be delayed, i.e. with another carrier. Delayed airtime and/or other
Service charges will be applied in the month received and will be charged
against that month’s allotment provided in the Subscriber’s Service Plan. If a
Service is disconnected by Company’s network in Company’s home area for any
reason, attempt again; if the same Service is attempted and answers within five
minutes, call 611 within 90 days for a one-minute airtime credit, the
Subscriber Plan charges by attempt. These are Subscriber’s only rights for
dropped or similar interrupted services.

DATA USE TERMS,
CONDITIONS

Company does not have
specific hard limits on data transfer with Services, but Company does not allow
completely unlimited consumption of metered data usage on the
telecommunications services utilized and provided by the Services. Except as
may otherwise be specifically permitted or prohibited for select data plans,
data sessions may be conducted only for the following purposes: (i) Internet
browsing; (ii) email; and (iii) intranet access. Usage that would be
unreasonable or prohibited for a cellular handset includes, but is not limited
to, computer tethering, server devices or host computer applications, automated
machine-to-machine connections or peer-to-peer file sharing, full-time or
primary data connections, “spam” or unsolicited bulk email distribution,
activity that adversely affects the ability of other people or systems to use
Company’s wireless services or other Internet services, accessing or attempting
to penetrate security measures of Company’s or another provider’s network or
system. Company monitors metered data usage and consumption patterns for all
Subscribers. If Subscriber uses Services, including metered data usage, for
unlawful purposes or in a manner as determined by Company in its sole
discretion which causes excessive metered data usage or causes network capacity
issues or affects Company’s provision of Services, operation or capacity of related
equipment and software, overall network performance, or other Subscriber’s
Services, Company may require in its sole discretion that Subscriber cease or
alter these activities and usage. Company alone decides, in its sole
discretion,

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what constitutes an
allowable use of metered data usage. Accordingly, Company reserves the right to
(i) deny, disconnect, modify and/or terminate Service, without notice, to
anyone it believes is using the Service in any manner prohibited or whose usage
adversely impacts its wireless network or service levels or hinders access to
its wireless network, including without limitation, after a significant period
of inactivity or after sessions of excessive usage and (ii) otherwise protect
its wireless network from harm, compromised capacity or degradation in
performance, which may impact legitimate data flows.

FEMTOCELL PLAN

A femtocell must be
used at all times at the address provided by Subscriber when activated. If the
device is moved to a different address, Company must be informed 10 days before
move to update records. All 9-1-1 services are provided by Company’s macro
network and enhanced 9-1-1 services are not guaranteed using the femtocell
network. Data and/or voice usage may be rated differently when using the femtocell
network. Femtocells may be limited to a specific number of simultaneous data
and/or voice sessions. Femtocell device must be returned to Company within 10
business days of canceling service. Failure to return device will result in
cost of device billed to Subscriber’s account. Service activation may take up
to 72 hours. Femtocell Service is dependent on the Subscriber-provided
broadband service and the Company may not be held liable for any issues with
the Subscriber-provided broadband service. All other General Terms and
Conditions of the Subscriber Agreement, including but not limited to all
disclaimers of warranties, limitations of liability of Company, and limitations
of remedies apply.

FIXED WIRELESS

Fixed Wireless
service requires a one-year contract. Payment of first month’s service charge
and cost of equipment purchase or lease required to initiate service. Speeds
are not guaranteed and are subject to terrain, weather and network conditions.
Company reserves right to modify speeds based on time of day or network load.
Unlimited usage does not mean unreasonable usage.

RIGHTS OF COMPANY TO
MAKE CHANGES

Company may change or
modify any terms, conditions, usage allowances or limits, rates, fees, expenses
or charges regarding Services at any time, including any or all Services and
Plan charges and other terms and conditions for the use of the Services, the
selected Plan and this Agreement, including the geographical coverage of the
Services for any reason, and Company may terminate this Agreement in Company’s
sole discretion for any reason, and such changes or termination shall
automatically and without written amendment or prior notice become part of this
Agreement unless otherwise prohibited by law. Changes that increase the price
(except as noted below) of Subscriber’s selected Plan will be effective upon
disclosure to Subscriber prior to the billing cycle in which the changes would
go into effect. If Company increases the charges of any of the Services beyond
the limits set forth in Service Plan, or materially decreases the geographical
area in which Service Plan rate applies (other than a temporary decrease for
repairs or maintenance), Company will disclose the change at least one billing
cycle in advance (through a notice with bill or otherwise), and Subscriber may
terminate this Agreement without paying any termination fee, provided notice of
termination is delivered to Company within twenty-one (21) days after the first
invoice reflecting the change is mailed. Termination will be effective upon
Company’s actual receipt of the notice of termination and Subscriber shall
remain responsible for all charges incurred through the date of termination.
Charges excluded in this right to terminate are those over which company has no
control. Company may increase any applicable Federal, State or other
governmental sales, use, excise, public utility or other taxes, fees and
charges, plus fees or charges imposed on Company or Subscriber as a result of
providing the Services or the Unit to the Subscriber without notice to
Subscriber and such taxes, fees, and charges are due upon imposition by
Company.

SUBSCRIBER
REPRESENTATIONS AND AUTHORIZED USERS

Subscriber is under
no legal disability and if signing on behalf of a separate business entity is
fully authorized to sign on its behalf; has read and understands the terms of
this Agreement and the rates, charges, and terms of the Plan selected,
including any applicable early termination fee; and acknowledges receiving a
copy of this Agreement and the rates and terms of the Plan and any summary of
this Agreement. This Agreement and the terms of the Plan selected by the
Subscriber represent the agreement between the Company and the Subscriber and
supersede all prior agreements, negotiations, and any representations and
warranties, verbal or written, between the parties. Subscriber agrees that any
person identified to Company as an Authorized User may upon presentation of
Account password and proper identification and without Subscriber’s prior
consent receive the following information on their authorized lines: current
usage, current balance, rate plan and features, contract end date and sign for
warranty replacements or Wireless Handset Service Contract Program replacement.
An Authorized User is any person identified to the Company but who is not
obligated on this Agreement.

BILLING AND PAYMENT
OF CHARGES

For contract plans,
Subscriber, jointly and severally, agrees to and is responsible for payment in
full of all Charges as shown when due on monthly invoices for all Services
furnished pursuant to this Agreement and the selected Plan, including usage
charges which are in addition to monthly Services charges for Services
originated or received on each Unit number assigned to Subscriber, applicable
landline and wireless access charges, airtime activation, administration, late
payment charges, regulatory cost recovery and surcharges, optional feature
charges, toll, collect call and directory assistance charges, roaming charges,
and data charges, including GPRS, SMS, MMS, and browser internet services, any
fees and charges that may be passed onto Subscriber or assessed to Subscriber
by Company in its discretion, and any applicable Federal, State or other
governmental unit sales, use, excise, public utility or other taxes, excise
fees, federal universal service charges and regulatory charges, plus fees or
charges imposed on Company as a result of providing the Services or the Unit
Subscriber. Some charges and fees are billed in

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advance and such
charges and fees are not prorated if Services or this Agreement are terminated
on a day other than the last day of Subscriber’s billing cycle. Charges and
fees for some Services, including roaming usage outside the Company’s home
Services area and other Services, are sometimes delayed and may not appear for
several billing cycles. Each balance not paid in full by the invoice due date
shall incur a late payment charge equal to One and One-Half percent (1 1⁄2%) of
the total balance due. No grace period is provided by the Company for late
payment of the charges. Acceptance by Company of checks or drafts shall not
constitute a waiver of Company’s right to demand payment by cash or other form
of secure payment, and acceptance of late or partial payments or payments
marked “Paid in Full” or similar notations shall not waive any rights of
Company. Subscriber may, at the option of Company in accordance with applicable
tariffs (if any), be charged check fees and other expenses as permitted by
other applicable law for each check and draft or other payment method returned
not paid for any reason. Inquiries about or objections to invoices must be in
writing and must be received by Company no later than the due date set forth in
the invoice or such other time as required by applicable law; PROVIDED,
however, all amounts due Company, including disputed amounts, must be paid
Company or on before the due date set forth in the invoice unless otherwise
prohibited by applicable law. Company will make good faith efforts to resolve
disputes in accordance with Company procedures or applicable tariffs (if any).
Billing formats are selected by Company. If Subscriber’s Unit is lost or stolen
or another person has access to it and uses it, Subscriber will be responsible
for all charges incurred on the Unit or Equipment through the date Subscriber
reports the loss, theft, or unauthorized use to Company. If Subscriber’s
selected Plan provides a predetermined allotment of Services (e.g.
predetermined amounts of airtime, megabytes, text messages), unused Services
from one billing cycle do not roll over to any other billing cycle, unless
specifically noted by rate Plan as Reserve minutes which expire 365 days from
issue, are non-transferable, and will end as result of plan change. No minimum
term plans are considered terminated if payment is not received by the first
day of the billing cycle. No minutes or features are retained.

RISKS OF LOSS OF UNIT
AND EQUIPMENT

Subscriber shall be
solely responsible for all risks of loss for the Unit or Equipment purchased
hereunder or supplied by Company to Subscriber, even if lost, stolen, damaged
or destroyed. Subscriber may not terminate this Agreement if the Unit or Equipment
is lost, misplaced, stolen, damaged or destroyed for any reason.

ADVANCE PAYMENTS
AND/OR DEPOSITS

Company may require
Subscriber to make deposits or advance payments for Services, which Company may
offset against any unpaid obligations of the Subscriber to Company. Interest
will not be paid on advance payments or deposits unless required by law.
Company may require additional advance payments or deposits upon notice to
Subscriber, and failures to provide such payments or deposits are default under
this Agreement.

COMPANY RIGHTS IF
SUBSCRIBER DEFAULTS

Should Subscriber
default: in the payment when due of any sum hereunder, breach any
representation herein, fail to perform any obligation at the time and in the
manner specified in the Agreement or under any other agreement between Company
and Subscriber, or fail to maintain or operates any Unit with damage or
interference to Company business, its system and the Services, or should
Subscriber be the subject of any proceeding under the Bankruptcy Code or is unable
to pay any of Subscriber’s debts as they become due (including but not limited
to Subscriber’s debt to Company), Company shall have the right to temporarily
discontinue Services at any time and/or terminate at any time this Agreement or
the Services. Subscriber shall remain liable for the payment of all Services
charges and other charges, fees and taxes due Company under this Agreement,
which shall be immediately due and payable upon such discontinuation or
termination. Company has the right to use Account call detail information to
attempt to contact Customer for payment. Further, Subscriber may be subject to
reactivation/restoral fee of $10 and other requirements in effect at that time
if Services are subsequently recommenced. These remedies of Company are not
exclusive but are in addition to all remedies provided by law. In the event of
Subscriber’s default, Subscriber will reimburse Company for its reasonable
attorney’s fees, collection fees, collection agent fees, and similar expenses
incurred or paid by Company in the enforcement of any right hereunder.
Subscriber shall return in good working condition to Company the Unit provided
by Company not owned by Subscriber within five days of termination. Unless
independently provided by Subscriber, Subscriber ownership of the Unit occurs
when purchased initially at retail cost from Company or at the end of the
initial minimum term of the selected Plan when discounted Unit costs were
included as a part of the Plan. If Unit is not returned in good working condition,
Subscriber shall pay upon demand by Company the cost of the phone or minimum
$50 charge. This is in addition to the applicable early termination fee. If
Subscriber has more than one account or Agreement with Company, Subscriber must
keep all accounts and Agreements in good standing (not in default) to maintain
all Services. If one account is past due or over its limit or Subscriber is in
default under any account, all accounts and Agreements in Subscriber’s name
(whether jointly or severally) are subject to interruption or termination and
all other remedies of Company upon Subscriber’s default. Company may delay or
forgo enforcing any of its rights or remedies under this Agreement without
losing them.

To the extent
permitted by applicable agreements and law, Subscriber hereby expressly
authorized Company to charge to Subscriber’s credit card account provided to
Company any sums due Company under this Agreement which remain unpaid in excess of fifteen (15) days from the due date
shown on the invoice for such sums, including but not limited to Charges
incurred or billed or due after the discontinuance or termination of the
Services for any reason. Subscriber expressly authorizes Company, through its
agents, to execute and deliver in the ordinary course of business for such
matters, as Subscriber’s authorized agent (with no fiduciary duties to
Subscriber) and as an authorized user of such credit card account for the
purposes of this Agreement only, any and all documentation, instruments, slips
and orders in such forms as may be required by the

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applicable credit
card issuer to charge and collect all such sums due and owing Company.
Subscriber hereby authorized Company to release and provide a copy of this
Agreement and such other business records of Company relating to such sums
collected pursuant to this authorization. The use of this authorization by
Company shall be in Company’s sole discretion, and it is not intended to be an exclusive
remedy for the collection of such sums. Subscriber agrees to promptly inform
Company if the credit card account provided under this Agreement is revoked or
terminated for any reason.

CREDIT BUREAU
INFORMATION

Subscriber agrees
that Company may obtain information about Subscriber from credit reporting
agencies or others at any time and use it for purposes of monitoring
Subscriber’s credit performance, managing Subscriber’s account and considering
Subscriber for new offers and Plans. Subscriber expressly authorizes Company to
investigate Subscriber’s credit history at any time and to share credit
information about Subscriber with credit reporting agencies. If Subscriber
asks, Company will tell Subscriber the name and address of any credit agency that
gives Company a credit report about Subscriber.

NO WARRANTIES AS TO
SERVICES
COMPANY MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, TO THE EXTENT PERMITTED BY
APPLICABLE LAW, REGARDING THE SERVICES OR ANY UNIT OR EQUIPMENT, INCLUDING ANY
WARRANTIES OF MERCHANTABIILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY
DOES NOT PROMISE UNINTERRUPTED OR ERROR FREE SERVICES.

LIMITATION OF COMPANY
LIABILITY AS TO SERVICES
TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY’S SOLE LIABILITY TO
SUBSCRIBER FOR DAMAGES OR OTHER MONETARY RELIEF FOR MISTAKES, LACK OF PRIVACY,
OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS, DEFECTS OR CURTAILMENTS IN THE
SERVICES COMPANY FURNISHES SUBSCRIBER IS AS FOLLOWS: COMPANY WILL MAKE A CREDIT
ALLOWANCE, AT SUBSCRIBER’S REQUEST, IN THE FORM OF A PRO RATA ADJUSTMENT OF THE
FIXED MONTHLY CHARGES COMPANY BILLS SUBSCRIBER. THE PRO RATA ADJUSTMENT WILL BE
COMPUTED BY DIVIDING THE DURATION OF THE SERVICES INTERRUPTION (MEASURED IN
24-HOUR DAYS FROM THE TIME THE INTERRUPTION IS REPORTED TO COMPANY BY
SUBSCRIBER) BY A STANDARD 30-DAY MONTH AND THEN MULTIPLYING THAT RESULT BY
COMPANY’S FIXED MONTHLY CHARGE FOR EACH INTERRUPTED ACCESS NUMBER. PERIODS LESS
THAN TWENTY-FOUR (24) HOURS WILL NOT BE CREDITED. ANY ADDITIONAL PERIOD OF
TWELVE (12) HOURS OR MORE SHALL BE CONSIDERED AN ADDITIONAL DAY. IN NO CASE
SHALL THE CREDIT EXCEED THE FIXED SINGLE MONTHLY CHARGE FOR THE SELECTED PLAN.
THIS IS COMPANY’S COMPLETE AND ONLY LIABILLITY TO SUBSCRIBER FOR SUCH MISTAKES,
OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS, DEFECTS OR CURTAILMENTS. SUBSCRIBER
AGREES THAT COMPANY’S LIABILITY IS LIMITED AS SET FORTH HEREIN, AND COMPANY IS
NOT LIABLE FOR ANY LIABILITY OR OBLIGATION TO SUBSCRIBER FOR SPECIAL, DIRECT,
INDIRECT, COMMERCIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES
OF ANY KIND INCURRED BY SUBSCRIBER, SUCH AS BUT NOT LIMITED TO CLAIMS
REGARDLESS OF THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO FRAUD,
MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PROPERTY DAMAGE,
PRODUCT LIABILITY OR ANY OTHER THEORY, OR DAMAGES FOR LOSS OF USE, LOSS OF
ANTICIPATED PROFITS, DIRECT, INDIRECT, SPECIAL, COMMERCIAL, PUNITIVE, OR
INCIDENTAL OR CONSEQUENTIAL ECONOMIC LOSSES OF ANY KIND INCURRED BY SUBSCRIBER
DIRECTLY OR INDIRECTLY RESULTING FROM OR RELATED TO ANY UNIT OR EQUIPMENT
DESCRIBED HEREUNDER AND THE SERVICES PROVIDED BY COMPANY. NO CREDIT ALLOWANCE
WILL BE GIVEN FOR INTERRUPTIONS CAUSED BY SUBSCRIBER’S NEGLIGENCE OR BY
SUBSCRIBER’S WILLFUL ACTS, OR FOR INTERRUPTIONS CAUSED BY FAILURE OF SERVICES
NOT PROVIDED BY COMPANY’S UNIT OR EQUIPMENT, INCLUDING BUT NOT LIMITED TO THE
LACK OF AN ANTENNA TO RECEIVE UNIT’S OR EQUIPMENT’S SIGNAL. WHEN ROAMING ON A
SYSTEM THAT IS NOT COMPANY’S, SUBSCRIBER IS SUBJECT TO THE SAME LIMITATIONS OF
LIABLITY THAT THE OPERATOR OF THAT SYSTEM OR CARRIER IMPOSES UPON ITS CUSTOMERS
PLUS THESE LIMITATIONS. COMPANY DISCLAIMS ALL LIABILITY FOR INTERRUPTIONS OF
SERVICES ON A SYSTEM OR CARRIER THAT IS NOT COMPANY’S. IN NO EVENT SHALL
COMPANY BE LIABLE FOR INTERRUPTIONS OR DELAYS IN TRANSMISSION, OR FOR ERRORS OR
DEFECTS IN TRANSMISSION, OR FOR FAILURE TO TRANSMIT WHEN SUCH ARE CAUSED BY THE
FOLLOWING ACTS AND OMISSIONS, INCLUDING BUT NOT LIMITED TO A CHANGE IN ANY LAW,
RULE, REGULATION OR ORDINANCE; ANY NEW LAW, RULE, REGULATION OR ORDINANCE; THE
REQUIREMENTS OF ANY GOVERNMENT OR GOVERNMENTAL ENTITY OR AUTHORITY; WAR, RIOT,
CIVIL DISORDER, ACTS OF TERRORISM OR OTHER HOSTILITIES; HURRICANES, TYPHOONS,
TORNADOES OR OTHER SEVERE WEATHER CONDITIONS; FIRE, EARTHQUAKES, FLOODS AND
OTHER NATURAL DISASTERS; EPIDEMICS AND QUARANTINES; DAMAGE TO OR DESTRUCTION OF
COMPANY’S FACILITIES OR THOSE OF ANY OTHER CARRIER; INTERRUPTION OF
ELECTRICITY; FAILURE OF OR DELAY BY CARRIERS TO TRANSPORT OR SUPPLIERS TO
FURNISH ANY ITEM; AND ANY MATTER BEYOND COMPANY’S CONTROL.

COMPANY IS NOT LIABLE
FOR ANY CLAIMS, LOSSES, DAMAGES OR COSTS, WHICH MAY RESULT FROM LACK OF PRIVACY
IN THE USE OF THE SERVICES.

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SUBSCRIBER ALSO
AGREES THAT COMPANY IS NOT LIABLE FOR MISSED CALLS, TRANSMISSIONS, VOICEMAILS
OR OTHER MESSAGE AND INFORMATIONAL STORAGE SYSTEM, NOR THEIR DELETIONS (EVEN IF
SAVED) FOR ANY REASON BY SUBSCRIBER OR COMPANY.

UNIT AND EQUIPMENT
PURCHASE OR USE/LIMITATION OF LIABILITIES AND REMEDIES

If Subscriber
purchases or receives any Equipment or Unit from the Company at any time during
the term of this Agreement, the following provisions shall apply.

(a) DISCLAIMER OF
WARRANTIES. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT COMPANY IS NOT THE
MANUFACTURER OF UNIT OR EQUIPMENT, NOR AN AGENT OF MANUFACTURER, AND COMPANY
HEREBY DISCLAIMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL
REPRESENTATIONS AND WARRANTIES, DIRECT OR INDIRECT, EXPRESSED OR IMPLIED, IN
CONNECTION WITH THE UNIT AND EQUIPMENT, INCLUDING BUT NOT LIMITED TO ANY AND
ALL EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, DURABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES, WHICH EXTEND
BEYOND THE DESCRIPTION OF THE FACE HEREOF. THIS AGREEMENT IS THE FINAL,
COMPLETE AND EXCLUSIVE AGREEMENT OF THE PARTIES WITH RESPECT TO THE PURCHASE,
USE AND SALE OF THE UNIT AND EQUIPMENT BY SUBSCRIBER OR SUPPLIED BY COMPANY TO
SUBSCRIBER.

2.(b) SUBSCRIBER
ACKNOWLEDGES RECEIPT OF ANY AND ALL MANUFACTURER’S WARRANTIES.

3.(c) LIMITATIONS
OF REMEDIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW:

SUBSCRIBER
ACKNOWLEDGES AND AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY IN CONNECTION WITH
ANY DEFECTS OR NON-CONFORMITIES IN THE EQUIPMENT AND UNIT SHALL BE AGAINST THE
MANUFACTURER OF THE UNIT AND EQUIPMENT UNDER THE MANUFACTURER’S WARRANTIES AND
THAT COMPANY SHALL HAVE NO OBLIGATION OR LIABILITY TO SUBSCRIBER FOR ANY SUCH
DEFECTS OR NON-CONFORMITIES. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT COMPANY
SHALL HAVE NO LIABILITY TO SUBSCRIBER IN ANY EVENT FOR ANY LOSS, DAMAGE, OR
EXPENSE OF ANY KIND OR NATURE RELATED DIRECTLY OR INDIRECTLY TO ANY UNIT AND
EQUIPMENT PROVIDED HEREUNDER. TO THE EXTENT PERMITTED BY LAW WITHOUT LIMITING
THE ABOVE, COMPANY SHALL HAVE NO LIABILITY OR OBLIGATION TO SUBSCRIBER FOR
DIRECT, INDIRECT, SPECIAL, COMMERCIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OF
ANY KIND OR PUNITIVE DAMAGES INCURRED BY SUBSCRIBER DIRECTLY OR INDIRECTLY
RESULTING FROM OR RELATED TO ANY UNIT OR EQUIPMENT REGARDLESS OF ANY THEORY OF
LIABILITY. ANY REFERENCES TO UNIT OR EQUIPMENT IN THIS PARAGRAPH SHALL BE
DEEMED TO APPLY TO ALL UNITS AND EQUIPMENT PURCHASED FROM OR SUPPLIED TO THE
SUBSCRIBER BY THE COMPANY.

HOLD HARMLESS
AGREEMENT

The Subscriber hereby
agrees to defend, indemnify and save and hold harmless the Company and any
underlying Carrier against claims for libel, slander, injurious falsehood or
patent infringement, trademark, service mark, or copyright from the material
transmitted in any form over or through its system and any other Carrier that
provides the Services, the Unit and Equipment and through the Services by
Subscriber or any person whom Subscriber allows to use the Services, the Unit
and Equipment, and against claims for infringement of patents, trademarks,
service marks, or copyrights arising from combining or using apparatus or
systems of the Subscriber with the Company’s system that provides the Unit,
Equipment, and the Services of the Company or that of any other Carrier, and
against all other claims arising out of any act or omission of the Subscriber
in connection with the Services provided by Company or any other Carrier and
the Unit. Customer is prohibited from posting on or transmitting through
Services any unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, profane, hateful, racially, ethnically or otherwise
objectionable materials of any kind.

PRIVACY OF SERVICES

Services are provided
over a complex communications network and privacy cannot be guaranteed in the
provision of Services. Company does not guaranty privacy or security of voice
or data sent through the Services. Any private, sensitive or confidential
information or trade secrets sent by Subscriber are sent at Subscriber’s sole
risk. COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES,
ACTIONS, DAMAGES, SUITS OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO
SUCH ACTIONS. Subscriber should be aware that when using the Services to access
the Internet or any other online network or service, there are certain
applications to allow other Services users and Internet users to gain access to
Subscriber’s computer and data and other information concerning the Subscriber.
COMPANY SHALL HAVE NO LIABILITY TO SUBSCRIBER WHATSOEVER FOR ANY CLAIMS,
LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS RESULTING FROM, ARISING OUT OF
OR OTHERWISE RELATING TO ACCESS TO SUBSCRIBER’S DEVICE BY OTHERS.

CONFIDENTIALITY OF
INFORMATION

Company has a duty
under Federal law to protect the confidentiality of information about the
quantity, technical configuration, type, destination and use of Services and
similar information on invoices (excluding from such privacy rights your name,
address and wireless phone number). Except as provided in this agreement,
Company will not intentionally share personal information about Subscriber
without Subscriber’s permission. Company may use and share information about
Subscriber (a)

7

so Company can
provide its goods and services, (b) so others can provide goods or services to
Company or to Subscriber on Company’s behalf, (c) so Company or its affiliates
can communicate with Subscriber about goods or Services related to ones already
received (although Subscriber can call Company at any time if Subscriber does
not want Company to do this), (d) to protect Company, or (e) as required by
law, legal process, or exigent circumstances. For training or quality
assurance, Company may also monitor or record Company’s calls with Subscriber.

NO PHONE DIRECTORY
LISTING PROVIDED

Company will not
provide Subscriber with a telephone directory nor will Company intentionally
disclose Subscriber’s wireless phone number for publication in any telephone
directory.

CUSTOMER PROPRIETARY
NETWORK INFORMATION (CPNI)

Federal
Communications Commission guidelines to protect Customer Proprietary Network
Information (CPNI) require the use of a password when Subscriber contacts
Company for account information, including, but not limited to, information
that is specifically connected to Subscriber’s service relationship with
Company, and call detail information such as services provided, dates, times,
locations, numbers involved, and duration of the inbound and outbound calls. If
Subscriber chooses not to use the password or forgets the password, information
may be disclosed if an answer can be given to a pre-determined security
question. If Subscriber cannot provide the password or answer the security
question, options for obtaining information will be: 1) to have a copy of Subscriber’s
requested information mailed to address of record, 2) Subscriber presents valid
photo ID matching Subscriber’s account information at a Company store, 3) a
return call at the telephone number of record after giving the correct answer
to the account’s designated security question. The Subscriber listed as
Responsible Party on account is responsible for sharing password and security
question/answer with any Authorized User who is to have access to account
information. Subscriber and Authorized Users are responsible for maintaining
confidentiality of the password and security question answer after they are
established with Company. To the extent permitted by applicable law, Company
shall not be liable for disclosure of any CPNI when its disclosure is provided
pursuant to the provision of the appropriate password and/or the correct answer
to the security question. Only Company or Subscriber may change or modify the
password or security question answer. Contact Company for the procedure to
obtain a password and its modification.

GENERAL PROVISIONS

This Agreement, which
includes the terms of the selected Plan and Services, constitutes the complete
agreement with Company and does not in any way create the relationship of
principal and agent, joint venture, partner or employer and employee between
Company and Subscriber. To the extent any condition in Subscriber’s selected
Plan or any summary of this Agreement expressly conflicts with this Agreement,
this Agreement will govern. Company may assign in whole or in part its rights
or duties under this Agreement without notice to Subscriber, and upon such
assignment Company shall be released from all liability hereunder. Subscriber
may assign this Agreement only upon the prior written consent of Company, which
may be given at Company’s sole discretion. Subject to this restriction, this
Agreement shall apply to, inure to the benefit of, and be binding upon the
heirs, successors, personal representatives, and permitted assigns of the
respective parties. All notices to Subscriber shall be deemed given if
deposited in the U.S. Mail, postage prepaid, or delivered to a recognized
overnight delivery service, addressed to the Subscriber’s address as shown on
Company’s records. All notices to Company shall be in writing and deemed given
when actually received by the General Manager of Company at ArmIt Company, 70 Oak Street STE 103, Norwood, NJ 07648. Should any part or portion of this Agreement
be found invalid, the balance of the provisions shall remain unaffected and
shall be enforceable. This Agreement, including all matters relating to the
validity, construction, performance, and enforcement thereof, shall be governed
by applicable Federal and New Jerey State law. This Agreement is subject to
amendment, modification or termination without notice as may be required or
permitted by such regulations or laws. Whenever used, the singular shall
include the plural, and the plural the singular, and the use of any gender
shall be applicable to all genders. Time is of the essences in the performance
of the Subscriber’s obligations. Company’s failure at any time to require
strict performance by Subscriber of any of the provisions hereof shall not
waive or diminish Company’s right to thereafter demand strict compliance with
any provisions of this Agreement.